Anita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10937 of 2025 Arising Out of PS. Case No.-70 Year-2024 Thana- MADHWAPUR District- Madhubani ====================================================== Anita devi W/O Sharwan Mahto R/O Pirokhar, P.S - Madhwapur, DistMadhubani ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Uday Kumar Mahto For the Opposite Party/s :

Mr.Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-03-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends her arrest in a case registered for the offence under Sections 323, 341, 307, 324, 354(B), 379, 504 and 506/34 of the Indian Penal Code.

3. As per prosecution case, the accused persons named in the F.I.R. including this petitioner assaulted informant and her husband. It is further alleged that they disrobed informant and also snatched a gold chain from her worth Rs. 10,000/-.

4. Learned counsel for the petitioner submits that both parties are close door neighbours and due to dispute over Rasta, Maarpeet took place. Allegation of assault is general and omnibus and no specific allegation of overt act is alleged against petitioner. There is delay of two days in lodging the F.I.R. and there is no plausible explanation of delay. Though, as per F.I.R.,

Patna High Court CR. MISC. No.10937 of 2025(2) dt.07-03-2025 2/2 it is alleged that all the accused persons named in the F.I.R. assaulted husband of informant, but doctor has found only two injuries on his body. Rest of the allegation is only ornamental. Petitioner is lady and has got clean antecedent.

5. Learned A.P.P. for the State has opposed the prayer for anticipatory bail.

6. Considering the aforesaid facts and circumstances, in the event of arrest/surrender before the Court below within a period of eight weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Munsif-cum-J.M. 1st Class, Benipatti, District - Madhubani in connection with Madhwapur P.S. Case No. 70 of 2024, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) anay U T